(a) For the purpose of this chapter, certain words and terms are defined
and shall be construed as herein set forth unless otherwise expressly
stated or the context clearly indicates a different intention.
(b) For the purposes of this section, the following words and phrases
shall have the specific meanings set forth herewith:
"Dog park area"
shall mean any fenced area or other enclosed area of a City
park designated by the City, as an area where dogs may be off of a
leash.
"Responsible person"
shall mean any person who owns, has a proprietary or possessory
interest in, harbors or has the care, charge, control, custody or
possession of any animal specified in Section 10110 of Chapter 1,
Article X.
(Added by Ord. 1264, adopted 08-10-10)
Section 10110 of Chapter 1, Article X shall not apply to any
dog located within a dog park area.
(Added by Ord. 1264, adopted 08-10-10)
(a) Notwithstanding any other provision of this Code, and in addition
to any other regulations that may be adopted by the Director of Parks
and Recreation or the City Council, the following regulations and
limitations shall apply in all dog park areas:
(1) No responsible person shall have more than two dogs at once in a
dog park area.
(2) It shall be unlawful for any responsible person in a dog park area
not to immediately pick up and properly dispose of the feces of the
dog(s) for which they are responsible. Proper disposal shall include
the placement of such feces in a bag or other container and its disposal
in a waste container.
(3) Minors 14 years of age and younger must be accompanied and supervised
by an adult at least 18 years of age while in a designated dog park
area, and such children are not permitted to run, shout, scream, wave
their arms, or otherwise excite or antagonize dogs in a designated
dog park area.
(4) No dogs are permitted in a designated dog park area except during
posted hours of operation.
(5) All responsible persons shall, at all times, take all reasonable
precautions to prevent their dog(s) from biting, attacking or attempting
to bite or attack any person or dog. A responsible person shall immediately
remove his or her dog from the dog park area if it bites, attacks
or attempts to bite or attack any person or dog. A responsible person
whose dog is bitten or attacked shall immediately remove his or her
dog from the dog park area.
(6) Any dog over the age of four months must be vaccinated for rabies
and parvo and legally licensed prior to use of any dog park area.
Dogs under the age of four months are prohibited from any dog park
area pursuant to Section 121690 of the
Health and Safety Code. The
owner or other persons having charge, care, custody or control, including,
but not limited to, the responsible person, of a dog in a dog park
area must be able to produce upon request by proper authorities, vaccination
records for the dog.
(7) No person shall place or allow to be placed a dog that is sick or
in heat in a designated dog park area.
(8) No person shall place an aggressive dog, of any breed, in a designated
dog park area even if such dog is on a leash.
(9) Spiked, pinch and shock collars are not allowed.
(10) All responsible persons using a dog park area must have a leash in
their possession or reasonably accessible at all times for each of
their dog(s) in the dog park area, which shall be worn by the dog(s)
at all times the dog(s) is(are) not in the designated dog park area.
All responsible persons shall maintain control over their dog(s) at
all times whether leashed or unleashed.
(11) No person shall bring any animal other than a dog to a dog park area
unless otherwise specifically authorized by the Director of Parks
and Recreation.
(12) Use of any dog park area by a responsible person and his or her dog(s)
shall constitute implied consent of the responsible person to all
of the conditions set forth in this section, a waiver of liability
benefiting the City of Downey, and an agreement and undertaking to
protect, indemnify, defend and hold the City of Downey harmless for
any and all injury or damage caused by a responsible person's dog
during any time that the dog is in the dog park area.
(i)
The provisions of this chapter shall be enforceable by any police
officer, animal control officer, park employee, or other code enforcement
officer of the City or the Southeast Area Animal Control Authority.
(ii)
Any dog which has been repeatedly aggressive or attempted to
attack or bite another dog or a person, or whose responsible person
fails on more than two occasions to abide by the reasonable rules
and regulations applicable to the dog park area may be barred from
further use of the dog park area by notice and order of the City,
in its discretion.
(Added by Ord. 1264, adopted 08-10-10)